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Bank holidays during maternity

10 replies

Princessparsnip · 02/05/2019 22:22

Hi all. I'm currently on maternity leave. I am entitled to 20 days holiday plus 8 days for bank holidays. Am I correct in thinking I should of been paid 8 days for the bank hols whilst Ive been off? I only get stat pay at the moment and booked the 20 days at the end of my maternity.
Also I'm going back part time and will work a Monday. I have had all 7 of the bank holidays taken off my allowance. Is this correct? Should the bank hols not be pro rata? As I am part time. Any help or laws would be great as I know my work will shoot me down!

OP posts:
SospanFrangipan · 02/05/2019 22:26

I got a days pay for the bank holidays when I was on maternity leave. I'm not sure how you stand legally, whether it's at the employers discretion.

Princessparsnip · 02/05/2019 22:37

I did wonder this but I'm legally allowed 28 days and if I have to use 8 for the bank hols then surely I should be paid these?

OP posts:
flowery · 03/05/2019 05:35

You shouldn’t have been paid for them while you were on maternity leave, but you should be given the opportunity to take them at another time.

With regards to bank holidays as a part timer, you will get these pro rata but if you normally work on a bank holiday and don’t have enough of your pro rata entitlement to cover all the bank holidays which fall on your working days, some of them come out of your annual leave.

It’s easier to see it as totals. Total entitlement for someone working 5 days a week is 28 days including bank holidays. So if you’re working 3 days a week your total paid leave entitlement including your pro rata entitlement to bank holidays will be 16.8, rounded up to 17. Any bank holidays you take off and are paid for will come out of that total, leaving the rest for you to book as annual leave,

Lazypuppy · 03/05/2019 06:36

I didn't get paid for them, i accrued them so when i went back after my 10 months off i had my annual leave entitlement (28days) plus the 6 bank holidays i had missed so i had 34 days total.

ItsJustASimpleLine · 03/05/2019 08:05

It usually works as your paid for them or they are added to your entitlement to take after maternity leave.

I work mondays and you do end up a little worse off leave wise because of Bank Holidays. Full time Bank holiday allowance is 60hrs, I get 30hrs. Because I work mondays it works out that I get approximately 5hrs credit for each bank holiday. Luckily i do 6hr days so it's not too bad, a colleague does a 7.5hr day so shes got bigger shortfall. Another colleague works the same hours as me but not mondays, she gets to spend the majority of her 30hrs whenever she wants across the leave year.

I need to work Mondays so I just live with it

JustLikeJasper · 03/05/2019 10:21

@Lazypuppy did you go back to work on the same contract hours etc? My work told me initially i had 31 days but now saying 13 as im coming back part time

Lazypuppy · 03/05/2019 10:28

Yes i went back full time.

As a pp said you should get a pro rata entitlement based on your hours against a full time entitlement.

But you should have accrued your entitpement based on what your hours were before meternity leave, the new allowance only applies from your start day back.

If i had gone back pt, i would have accried ft entitlement during my leave, and pt entitlement from time i was back to end of leave year

JustLikeJasper · 03/05/2019 10:49

@Lazypuppy im really rubbish with this sort of stuff sorry. Do you mean regardless of me coming back part time the 31 days should be honoured as i accrued them whilst on maternity leave on FT contract?

Lazypuppy · 03/05/2019 11:27

Depends when you were off during your leave year.

If you were off for first 6 months of leave year (as an example) you accrue 50% of a ft entitlement. (Say 30 days total, you have 15)

If the 2nd 6 months you are pt (say 0.5FTE) you are entitled to 50% of your of entitlement pro rata so 50% of 15 days.

Total is 22.5 days in this example

This is only for the year where your maternity leave falls. After that it is just your normal pro rata.

JustLikeJasper · 03/05/2019 11:41

@Lazypuppy thank you very much

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